Before the Federal Communications Commission Washington, D.C. 20554 In re Application of ) Cellular Inc. Network Corporation d/b/a) Commnet Cellular ) ) File No. 03898-CL-P2-97 Phase II Unserved Area Applications for) Market Nos. 289(B2), Rapid City, ) South Dakota MSA; 534(B), Nebraska 2 -) Cherry RSA; 635(B1) South Dakota 2 - ) Corson RSA; 639(B1) South Dakota 6 - ) Haakon RSA; 639(B2) South Dakota 6 - ) Haakon RSA ) ) ORDER Adopted: October 2, 1998 Released: October 2, 1998 By the Chief, Commercial Wireless Division, Wireless Telecommunications Bureau: 1. In this Order, we dismiss as moot, a petition to deny (Petition) filed on October 14, 1997, by Aliant Cellular Inc. (Aliant) of the above Phase II Unserved Area Application filed by Cellular Inc. Network Corporation (CINC) on August 28, 1997. As we demonstrate below, CINC has cured the objection noted in the petition and the application has now been granted. 2. Aliant is the wireline cellular licensee for the Nebraska 1 - Sioux RSA (NE-1 RSA) and Nebraska 2 - Cherry RSA (NE-2 RSA). On August 28, 1998, CINC filed its Phase II application at Mt. Coolidge in the South Dakota 6 - Haakon RSA. (Mt. Coolidge site). On October 14, 1998, Aliant filed its Petition contending that CINC's Phase II application improperly calculated a cellular geographic service area (CGSA) which extended the service area boundary of its Mt. Coolidge site in the South Dakota 6 - Haakon RSA into Aliant's NE-1 and NE-2 RSAs. Specifically, Alient contends that CINC's CGSA at its Mt. Coolidge site extends into Aliant's Nebraska - Cherry RSA. 3. On October 29, 1997, CINC amended its Phase II application to correct what it determined was an improper depiction of the CGSA serving the Nebraska 2 - Cherry RSA. Following a review of the above- referenced filings by the Division's Licensing and Technical Analysis Branch (the Branch), we find that the objection Aliant raised in its Petition has been corrected and the Mt Coolidge CGSA does not extend into the NE-1 or NE-2 RSAs. We further note that the Branch granted CINC's application on November 13, 1997. Thus, the matter raised in the Petition is now moot. 4. Accordingly, IT IS ORDERED, that pursuant to sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C.  154(i) and 309, and section 22.130(c) of the Commission's rules, 47 C.F.R.  22.130(c), the Petition to Deny filed by Aliant Cellular, Inc. on October 14, 1997, IS DISMISSED AS MOOT. 5. This action is taken pursuant to the authority delegated in section 0.331 of the Commission's rules, 47 C.F.R.  0.331. FEDERAL COMMUNICATIONS COMMISSION Steven E. Weingarten Chief, Commercial Wireless Division Wireless Telecommunications Bureau